M/s. Hindustan Paper Corpn Ltd. Vs. Sakhram Gour & Ors.
EmailAppeal: Civil Appeal No.5166 of 1992
WITH
Civil Appeal Nos. 5167 to 5248 of 1992
Petitioner: M/s. Hindustan Paper Corpn Ltd.
Respondent: Sakhram Gour & Ors.
Apeal: Civil Appeal No.5166 of 1992
WITH
Civil Appeal Nos. 5167 to 5248 of 1992
Judges: K. RAMASWAMY & K.S. PARIPOORNAN, JJ.
Date of Judgment: Jul 25, 1995
Head Note:
LAND ACQUISITION
Land Acquisition Act, 1894:
Section 23 – Compensation – Market Value – Award of Reference Court being after coming in effect of Amending Act 1984, Claimants are entitled to benefit of solatium of 30% on the enhanced Compensation and 15% interest from the date of possession till the date of payment – Further under S. 23 (IA) additional amount of 12% payable – Award & decree modified.
JUDGEMENT:
O R D E R
1. Notification under s.4(1) of the Land Acquisition Act 1 of 1898 (for short ‘the Act’) was published on July 3, 1979. The Land Acquisition Collector classified the land and awarded the compensation @ Rs.2,000/- to 3,000/- per bigha to the respective lands. On reference under s.18, the reference court enhanced the market value to Rs.8,500/- to Rs.6,500/- per bigha while maintaining classification of the land. In First Appeal No.81/86 and other connected cases by Judgment and decree dated January 30, 1989, Guwahati High Court affirmed the award and decree of the reference court. Thus these appeals by special leave.
2. We have gone through the judgment of the Reference Court vis-a-vis the judgment of the High Court. We found, on the facts and circumstances of the case, that appropriate market value would be Rs.4,875/- and Rs.6,375/- instead of Rs.6,500/- and 8,500/- respectively for the lands as it would reflect the pre-vailing market value as on the date of the Notification, namely, July 3, 1979. Accordingly, the market value is determined at Rs.4,875/- and Rs.6,375/- per bigha as per the classification, nature and quality of the lands. Award of the reference court being made after the Amendment Act had come into force, the claimants are entitled to the statutory benefits of the Amendment Act 68 of 1984. Accordingly, the claimants are entitled to 30% solatium on the enhanced compensation, 9% interest for one year and 15% interest thereafter from the date of taking possession on the enhanced compensation till date of deposit or payment, which-ever is earlier. They are also entitled to 12% of the additional amount under s.23(1-A) of the Act. The appeals are disposed of accordingly. The award and decree of the reference court is modified accordingly. No costs.
3. The appellants are directed to deposit the amount, if not already deposited, within a period of eight months from the date of the receipt of this order.
1. Notification under s.4(1) of the Land Acquisition Act 1 of 1898 (for short ‘the Act’) was published on July 3, 1979. The Land Acquisition Collector classified the land and awarded the compensation @ Rs.2,000/- to 3,000/- per bigha to the respective lands. On reference under s.18, the reference court enhanced the market value to Rs.8,500/- to Rs.6,500/- per bigha while maintaining classification of the land. In First Appeal No.81/86 and other connected cases by Judgment and decree dated January 30, 1989, Guwahati High Court affirmed the award and decree of the reference court. Thus these appeals by special leave.
2. We have gone through the judgment of the Reference Court vis-a-vis the judgment of the High Court. We found, on the facts and circumstances of the case, that appropriate market value would be Rs.4,875/- and Rs.6,375/- instead of Rs.6,500/- and 8,500/- respectively for the lands as it would reflect the pre-vailing market value as on the date of the Notification, namely, July 3, 1979. Accordingly, the market value is determined at Rs.4,875/- and Rs.6,375/- per bigha as per the classification, nature and quality of the lands. Award of the reference court being made after the Amendment Act had come into force, the claimants are entitled to the statutory benefits of the Amendment Act 68 of 1984. Accordingly, the claimants are entitled to 30% solatium on the enhanced compensation, 9% interest for one year and 15% interest thereafter from the date of taking possession on the enhanced compensation till date of deposit or payment, which-ever is earlier. They are also entitled to 12% of the additional amount under s.23(1-A) of the Act. The appeals are disposed of accordingly. The award and decree of the reference court is modified accordingly. No costs.
3. The appellants are directed to deposit the amount, if not already deposited, within a period of eight months from the date of the receipt of this order.
